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Admiralty and maritime cases
- Hong Kong Courts
A selection of judgments
2009
16 Dec 2009: Lei Shing Hong Credit Ltd v Mei Kwan Engineering Co Ltd and Others [2009] HKCFI 1156
25 Nov 2009: Sun Wai Wah Transportation ltd v Cheung Kee Marine Services Co Ltd and Another [2009] HKCFI 1098
29 Sep 2009: Parakou Shipping Pte Ltd v The Owners and/or demise charters of the ship or vessel “Jin Kang (ex “Canton Trader”) [2009] HKCFI 926
7 Sep 2009: Nanjing Iron & Steel Group International Trade Co Ltd and Others v STX Pan Ocean Co Ltd and Another [2009] HKCFI 826
4 Sep 2009: Star Line Traders Ltd v Transpac Container System Ltd t/a Blue Anchor Line [2009] HKCFI 825
4 Aug 2009 : Yip Kam and Another v Zhongshan Foodstuffs & Aquatic Import & Export Group Co Ltd of Guangdong and Another [2009] HKCFI 647
8 Jul 2009: Synehon (Xiamen) Trading Co Ltd v American Logistics Ltd [2009] HKCFI 533
30 Jun 2009: The Owners of the Ship or Vessel “Iran Huwayzeh" v the Owners and/or Demise Charterers of the Ship or Vessel “Vembaltic” [2009] HKCFI 515
24 Apr 2009: “Zhu Sheng 2” v the Owners and/or Demise Charterers of the Vessel “Zhu Sheng 2” [2009] HKCFI 322
2008
25 Aug 2008: Shijiazhuang Iron & Steel Co Ltd and others v Hui Rong Nav Corp SA and others [2008] HKCFI 732
25 Aug 2008: Shijiazhuang Iron & Steel Co Ltd and others v Hui Rong Nav Corp SA and others [2008] HKCFI 731
4 Jul 2008: Golden Metro China Ltd v the Owners of the Ship or Vessel Sky Lucky [2008] HKCFI 548
4 Jul 2008: Golden Metro China Ltd v the Owners of the Ship or Vessel Sky Lucky [2008] HKCFI 547
4 Jun 2008: Intraline Resources SDN BHD v the Owners of the Ship or Vessel “Hua Tian Long” [2008] HKCFI 465
19 May 2008: Intraline Resources SDN BHD v the Owners of the Ship or Vessel “Hua Tian Long” [2008] HKCFI 430
9 May 2008: Intraline Resources SDN BHD v the Owners of the Ship or Vessel “Hua Tian Long: [2008] HKCFI 397
22 Apr 2008: Fratelli Cosulich Bunkers (HK) Ltd v the Owners and/or Demise Charterers of the Ship or Vessel “Fair Wind 28” [2008] HKCFI 365
28 Feb 2008: International Transportation Services Inv v the Owners and/or Demise Charterers of the Ship or Vessel “Convenience Container” [2008] HKCFI 166
28 Feb 2008: International Transportation Service Inc v the Owners and/or Demise Charterers of the Ship or Vessel “Convenience Container” [2008] HKCFI 168
28 Feb 2008: International Transportation Service Inc v the Owners and/or Demise Charterers of the Ship or Vessel “Convenience Container” [2008] HKCFI 169
13 Jul 2007: Carewins Envelopment (China) Limited v Bright Fortune Shipping Ltd BILLS OF LADING – application of “presentation rule” to straight bills of lading – whether terms of bill exempted carriers from liability for delivery of goods without presentation of bill of lading.
8 Jun 2007: Lucky Days Industrial Co Ltd v Translink Shipping (Hong Kong) Ltd [2007] HKEC 1044 Bills of Lading – application to stay proceedings – exclusive jurisdiction – forum non conveniens – application dismissed .
6 Jun 2007: Chan Kwai Ha v Wong Chick Bun [2007] HKEC 1014 ADMIRALTY – sinking of plaintiff’s barge – alleged fault of defendant's tug – Merchant Shipping (Collision damage Liability and Salvage) Ordinance (Cap.508), s.7 – 1910 Collision Convention - two-year time limit for collision claims – extension of time upon "good reason" - "good reason" test.
30 Apr 2007: Izumo Mokko Co Ltd & Another v TS Lines Ltd [2007] HKEC 781 Security for costs – defendant’s application – cargo damage – damage or loss caused by defective packing or perils of the sea – whether the fact that both plaintiffs are foreign corporations is a sufficient reason for the court to order them to provide security for costs – plaintiffs relying on Hong Kong Bill of Rights Ordinance, Cap. 383 – discrimination.
9 Feb 2007: Fong Yau Hei v Gammon Construction Ltd and Others [2007] HKCA 68 NEGLIGENCE - personal injuries claim - limitation of liability - Convention on Limitation of Liability for Maritime Claims 1976, Articles 1, 2(1)(a) and 3(e) - Merchant Shipping (Limitation of ShipOwners Liability) Ordinance, Cap. 434.
2006
21 Dec 2006: Birkart Globistics Ltd v Bomafa Armaturen Ltd [2006] KHEC 2337 CONTRACT OF CARRIAGE - freight forwarder - whether contract of freight forwarding was ‘to door’ - delivery delay - late notification to consignee - delay due to mislaying original bill of lading and necessary customs documentation - repudiation of contract.
22 Nov 2006: The Owners of and / or other persons entitled to sue in respect of the cargo lately laden on board the Ship or Vessel "Golden Georgia" v The Owners and / or Demise Charterers of the Ship or Vessel "Golden Georgia" and the Owners of the sister Ship or Vessel "Golden Elizabeth" [2006] HKEC 2153 PRACTICE AND PROCEDURE - review of taxation order - discontinuance without leave.
16 Nov 2006: Foshan Sundy Trade co Ltd v Air Sea Transport (HK) Ltd and Anor [2006] HKDC 315 BILLS OF LADING - misdelivery - release of goods without original Bill of Lading - summary judgement application.
16 Oct 2006: Kind Respect Limited v Apex Logistics Limited [2006] HKDC 132 BILLS OF LADING - breach of contract and conversion - straight Bill of Lading - whether goods can be released to consignee without production of original Bill of Lading - Master Bill of Lading - party to Contract of Carriage.
3 Oct 2006: Bold Dragon Services Ltd & Anor v Neway Shipping Ltd t/a Shing Ge Fat Shipyard & Ors [2006] HKEC 1885 PRACTICE AND PROCEDURE - strike out application - time bar - salvage - where two Vessels engaged in maritime interaction and damage suffered by one Vessel due to the other.
22 Aug 2006: Jim Pak Kin t-a Jim’s Tai Kwong Plastic Factory v Laconic Freight International Ltd [2006] HKDC 210 BILLS OF LADING – application under O.14A of the Rules of District Court for determination of points of law – whether terms on reverse side of B/L were incorporated into the contracts of carriage – application dismissed.
4 Aug 2006: The Owners and/or Demise Charterers of the Ship or Vessel “CSAV Tokyo” v The Owners and/or Demise Charterers of the Ship or Vessel “KMTC Hong Kong” [2006] HKCFI 711 COLLISION - liability of defendants – claim time barred – Merchant Shipping (Collision Damage, Liability and Salvage) Ordinance, s 7 – English Maritime Conventions Act 1911 – extension of time upon "good reason".
4 Aug 2006: Zhoushan Xinhong Aquatic Co Ltd and Anor v Sino Trans Ltd and Anor [2006] HKEC 1460 BILL OF LADING – cargo damage – application for stay of proceedings in HK on the ground of an alleged binding exclusive jurisdiction clause – onus of proof of the defence to produce bill of lading – failure to produce copy or original of bill of lading.
27 Jul 2006: Carewins Development (China) Ltd v Bright Fortune Shipping Ltd - [2006] HKCFI 676 BILLS OF LADING (straight) – misdelivery of goods – obligation to deliver the goods only against production of bill of lading – exemption of liability - application of exemption and limitation clauses in B/L – Hague-Visby Rules Article III, rule 8 – whether permissible to ‘read down’ an exemption clause so as not to defeat the main object of the contract of carriage – ambit of term ‘discharge’ Hague-Visby Rules Articles II and III, rule 2.
19 Jul 2006: Starlight Exports Ltd and Anor v CTO (HK) Ltd [2006] HKCFI 660 BILL OF LADING (order) – wrongful delivery – Standard Conditions – Trade Policy Agreement with FOB (HK or Yian Tien) term defined by Incoterms 2000 – goods sold on “D/P [Document against Payment] AT SIGHT” terms – existence of contract of carriage – passage of property in the goods – time bar – losses.
4 Jul 2006: The Owners Of The Ship or Vessel “Eastern Challenger” v The Owners and/or Demise Charterers of the Ship or Vessel “Rithi Bhum” [2006] HKCFI 638 COLLISION – loss of Ship – recording systems onboard – contested discovery application.
21 Jun 2006: The Owners of and / or other persons entitled to sue in respect of the cargo lately laden on board the Ship or Vessel "Golden Georgia" v The Owners and / or Demise Charterers of the Ship or Vessel "Golden Georgia" and the Owners of the sister Ship or Vessel "Golden Elizabeth" [2006] HKCFI 521 ADMIRALTY – action in rem – recovery of pre-action costs relating to the negotiation of security and joint investigation of cargo.
5 Jun 2006: International Transportation Service Inc v The Owners and/or Demise Charterers of the Ship or Vessel “Convenience Container” [2006] HKCFI 465 ADMIRALTY – actions in rem – objection to admiralty jurisdiction in rem – construction of “beneficial OwnerShip” – legal principle applicable to assets of a company upon liquidation.
30 May 2006: Sinom (Hong Kong) Ltd v Swati International [2006] HKCA 171 MAREVA INJUNCTION – appeal from Sinom ( Hong Kong) Limited v Swati International [2005] HKCFI 705 (29 October 2005) – injunction to remain until trial.
15 May 2006: The Owners and/or Other Persons Entitled to Sue in Respect of Cargo Lately Laden on Board the Ship or Vessel “Yaoki” v The Owners and/or Demise Charterers of the Ship or Vessel “Yaoki” and the Ships or Vessels listed in Schedule hereto [2006] HKCFI 411 STAY OF PROCEEDINGS stay of HK proceedings on the ground of an arbitration clause in bill of lading bill of lading referred to two charterparties relevant charterparty time charter on Shelltime 4 form with cl 61 London Arbitration clause voyage charter with exclusive jurisdiction clause.
10 May 2006: ELAZ International Co v Hong Kong & Shanghai Insurance Co Ltd [2006] HKICFI 406 MARINE INSURANCE plaintiff successfully sued insurer for its refusal to pay the plaintiff's claim plaintiff established that at the time of theft the goods were in the ordinary course of transit subject to full container load clause is not a warranty that there never can be transShipment between containers.
20 Mar 2006: World Fuel Services ( Singapore) Pte Ltd v The Owners of the Ship or Vessel ‘MV Liberty Container’ [2006] HKCA 135 Application to appeal from World Fuel Services (Singapore) Pte Ltd T/A Trans-Tec Asia V. The Owners Of The Ship Or Vessel "M.V. Liberty Container" [2005] HKCFI 579 (13 September 2005) application dismissed.
15 Mar 2006: Star Cruises (HK) Ltd v Tung Ho Wah [2006] HKDC 54 STAY OF PROCEEDINGS personal injury exclusive jurisdiction clause incorporated in contract of carriage clause not unconscionable stay refused as witnesses were in HK and the trial could be conducted with less inconvenience and expense in HK.
7 Mar 2006: Taxfield Shipping Ltd v Asiana Marine Inc [2006] HKCFI 238 CHARTERPARTY (Voyage) GENCON Form 1994 order for sale of perishable or deteriorating property.
17 Feb 2006: Bank of China (Hong Kong) Ltd v The Owners of the Dumb Steel Lighter or Vessel ‘Capital No. 33’[2006] HKCFI 156 ACTION IN REM quantum of costs reasonable costs of intervention costs incurred for equipment loss of profit.
9 Feb 2006: Nomadic Collections Ltd and Others v China Distribution Container Lines and Others [2006] HKCFI 149 BILL OF LADING cargo damage water damage defence did not present a triable issue summary judgment granted.
17 Jan 2006: Fong Yau Hei v Gammon Construction Ltd and Others [2006] HKCFI 57 NEGLIGENCE – personal injury – limitation of liability – Convention on Limitation of Liability for Maritime Claims 1976.
2005
29 Oct 2005: Sinom (Hong Kong) Ltd v Swati International [2005] HKCFI 705 PRACTICE AND PROCEDURE – Mareva injuction – defendant served outside jurisdiction – material non-disclosure – merits of the case – risk of dissipation.
21 Oct 2005: Long Ford Garment Ltd v JAS Forwarding ( Hong Kong) Ltd [2005] HKCA 289 CARRIAGE OF GOODS – loss of goods – bill of lading conditions clause identified defendant as carrier – identity of contracting party and proper defendant.
5 Oct 2005: Vastfame Camera Ltd v Birkart Globistics Ltd and Others [2005] HKCFI 1087 BILL OF LADING (through-bill) – misdelivered goods – goods released to buyer without production of bill of lading – whether bill of lading (‘to order’) created contract of carriage – whether exclusion clause and limitation provisions effective.
13 Sep 2005: World Fuel Services ( Singapore) Pte Ltd trading as Trans-Tec Asia v The Owners of the Ship or Vessel ‘M.V. Liberty Container’ & Florens Container Inc (Interveners) [2005] HKCFI 579 ADMIRALTY – action in rem – non-party costs – interveners – ‘loser pays’ principle.
30 Jun 2005: Wedge Marine Ltd v Oriental Union Holdings Ltd & Others [2005] HKCFI 369 CHARTERPARTY (time) – amended NYPE form – alleged guarantee of charterer’s payments – decision on the documents – charterer failed to pay hire – charterer gave bills of lading for ports outside charterparty – repudiation – discussion of breach of authority.
20 Jun 2005: Ascoba Company Limited v Safco International Freight Corporation & Others [2005] HKDC 67 CARRIAGE OF GOODS – bill of lading – whether defendant was principal or agent – time bar – Hague-Visby Rules , Articles IV(5)(a) & III 3.8.
9 May 2005: Indian Overseas Bank v The Owners and/or Demise Charterers of the Ship or Vessel ‘Oriental Lily’ and the 12 Ships or Vessels Listed in Schedule Hereto [2005] HKCFI 249 PRACTICE AND PROCEDURE – a pplication for renewal of writ where writ had not been served – reasonable steps to effect service – plaintiff must take reasonable steps to effect service – presence of sister Ships within jurisdiction for periods of 12-24 hours was sufficient opportunity – application dismissed.
18 Mar 2005: HKSAR v Yeung Wui & Others [2005] HKCA 80 SENTENCING – assisting the passage within Hong Kong of unauthorised entrants – failing to stop, regulations 20(1) and 20(3) of the Shipping and Port Control Reg ulations, Cap. 313A – endangering the safety of others at sea, s. 72 of the Shipping and Port Control Ordinance, Cap. 313 – handling stolen goods.
2004
28 Apr 2004: Rudolf A. Oetker KG v the Owners and/or Demise Charterers of the Ship or Vessel 'Convenience Container' [2004] HKCFI 319 COSTS - security for costs.
31 Mar 2004: CDC Finance & Leasing Corporation and Another v the Owners and/or Demise Charterers of the Vessel MV 'Convenience Container' [2004] HKCFI 257 ADMIRALTY – in rem jurisdiction – validity of mortgages.
31 Mar 2004: Evergreen Marine Corp (Taiwan) Ltd v Luk Chi Yick t/a First Grand Enterprise Co [2004] HKCFI 261 Application for summary judgment - releasee of goods without production of bills of lading - letters of guarantee.
24 Mar 2004: Secretary for Justice v the Hong Kong & Yaumati Ferry Co Ltd & Another [2004] HKCFI 231 PROCEDURE – application for further and better particulars – dispute arisinig redevelopment of ferry piers.
16 Mar 2004: Jingjin Shipping Co Ltd v the Owners of the Ship or Vessel 'Tian Xiang 2 Hao' (PRC FLAG) and Another [2004] HKCA 61 COSTS - acknowledgement of service - OwnerShip of Vessel.
9 Mar 2004: Society for Protection of the Harbour Ltd v Chief Executive in Council and Others [2004] HKCFI 180 JUDICIAL REVIEW – review of decision of Chief Executive in Council to reclaim certain areas of Hong Kong Harbour under s.8 of the Foreshore and Sea-bed (Reclamations) Ordinance, Cap.127 – whether Chief Executive obliged to refer plans for works to Town Planning Board – whether decision to continue was reasonable in light of the Protection of the Harbour Ordinance – Protection of the Harbour Ordinance, Cap.531, s 3 – Town Planning Ordinance, Cap.131, s 12.
2003
Alan
Soh v The Owners of the Vessel 'Columbus Caravelle'
[2003] HKCFI 769 costs
Alan
Soh v The Owners of the Vessel 'Columbus Caravelle'
[2003] HKCFI 847 leave to appeal costs
The Delta Pia [2003] HKCFI 392 application by new Owners of Vessel to set aside arrest and urgent release of Vessel
The Delta Pia- [2003] HKCFI 577 interveners (new Owners of Vessel) application for gross sum assessment, interveners motion to set aside arrest
Jingjin
Shipping Co Ltd v The Owners of the Ship or Vessel
'Tian Xiang 2 Hao' (PRC FLAG) and another [2003]
HKCFI 748 acknowledgement of service, OwnerShip
of Vessel
Kwok
Chor Shan v Empire Properties Development Consultants
Ltd [2003] HKCFI 638 collision, damage to cargo,
appeal from discovery order
Re the Transward No. 27 [2003] HKCFI 438 security for costs
2002
Alan
Soh v The Owners of the Vessel 'Columbus Caravelle'
[2002] HKCFI 563 application to set aside registration
of Malaya judgment on action in rem for outstanding
wages and termination compensation of worker on Ship.
The Blue Bridge [2002] HKCFI 1191 costs, gross sum assessment.
The Blue Bridge [2002] HKCFI 1232 jurisdiction in rem.
Donghwa
Leasing Co v The Owners and/or Demise Charterers of
the Ship ' Halla Liberty'
[2002] HKCFI 766 priority in proceeds of sale of
Vessel, interveners, security for costs.
Elf
Lubricants Hong Kong Ltd v The Owners and/or Demise
Charterers of the Ship or Vessel 'Hai Nan No. 1' and
the Owners of the Ship or Vessel 'He Fa' [2002] HKCA
129 admiralty action in rem, security for costs.
HBZ
Finance Ltd v Nippon Yusen Kaisha [2002] HKCA 202 exclusive
jurisdiction clause in bill of lading.
Kase
Shipping & Enterprises Ltd & Others v China Sea Marine
Ltd [2002] HKCFI
1070 loss of Shipping containers.
Madison
International Ltd v Fong Ting Bor t/a Hung Fat Trading
Co [2002] HKCFI 858 Shipment of goods, goods confiscated
by customs, no breach of contract, not a bailee.
The Magway [2002] HKCFI 899 costs appeal, collision.
Maritime
Delivery Inc v The Owner of the Ship or Vessel 'Kitty
1' (Licence No. 10285) [2002] HKCFI 867 application
for summary judgment, contract of sale of Vessel.
The
Owners of Cargo Lately Laden on Board the Ship or Vessel
'Almerinda' v The Owners and/or Demise Charterers of
the Ship or Vessel 'Almerinda' [2001] HKCFA 53 procedure,
amendment of statement of claim, time-bar, Article
III rule 6 Hague-Visby Rules.
The
'Wen Zhou Hai' [2002] HKCFI 366 application to
exclude the admiralty judge for a strike out application
Wong
Kin Chung Michael v Fenban Shipping Co Ltd and Others
[2002] HKCFI 1298 damages, personal injury unloading
containers on Ship
Yang
Ming Marine Transport Corporation and Another v The
Owners and/or Demise Charterers of the Ship or Vessel
'Dong Yun 419' [2002] HKCFI 796 application for
sale of Vessel under arrest while case is pending because
it is a wasting asset
Re the Yuan Tong No. 6 [2002] HKCFI 900 application for warrant of arrest
Zhu Ruanda and Another v The Owners of the Ship or Vessel M.V. 'Tai Shan' [2002] HKCFI 1130 jurisdiction in rem
2001
Agfa Hong Kong Ltd and Another v Faith & Safe Transportation Ltd [2001] HKCFI 1312 application to release container, parties agree
Center Optical (Hong Kong) Ltd v Jardine Transport Services (China) Ltd [2001] HKCFI 826 (31 July 2001) Exporter claims against freight forwarder for goods released without production of original bills of lading, locus, mitigation of loss, proof of loss, ambit of liability under bills of lading – ‘port to port’ Shipment clause, package limitation
Cheery
Hua (H.K.) Ltd v the Owners and/or Demise Charterers
of the Ships or Vessels 'Sun On T1' and 'Sun On T3'
[2001] HKCFI 368 assessment of damages, barge capsized,
salvage and towage, repairs
Donghwa Leasing Co v The Owners and/or Demise Charterers of the Ship 'Halla Liberty' [2001] HKCFI 72 application for specific discovery
Francine
Louise Collins v The Star Ferry Co Ltd [2001] HKCFI
441 personal injury on a ferry
Habib Finance International Ltd v APL Co Pte Ltd and Others [2001] HKCFI 792 effect of stamp clauses on exclusive law and jurisdiction clause in bill of lading, whether enough evidence that stay should not be ordered notwithstanding exclusive jurisdiction clause
HBZ Finance Ltd v Nippon Yusen Kaisha [2001] HKCFI 1009 exclusive jurisdiction clause in bill of lading
Landpac Compaction Hong Kong Ltd and Others v Sinotrans (HK) Shipping Ltd and Others [2001] HKCFI 765 costs
Marlene
Susanne Courbet v Mandarin Divers Marine Services Ltd
and Others [2001] HKCFI 1101 personal injury on
a boat
Russo
Orient Shipping Co Ltd v The Owners and/or Demise Charterers
if the Vessel 'Kuzma Gnidash' and the Vessels listed
in the Attached Schedule [2001]
HKCFI 835
Star Plus Ltd v Borneo Maritime Ltd [2001] HKCFI 1043 leave to amend defence, misdelivery of goods admiralty in rem jurisdiction of High
Court
The
Almerinda [2001] HKCA 86 procedure, amendment of
statement of claim, time-bar, Article III rule 6 Hague-Visby
Rules
The
Almerinda [2001] HKCA 324 leave to appeal
The
Halla Liberty (South Korean flag)
[2001] HKCFI 643 costs
The Jian She 33 [2001] HKCFI 309 misdelivery of cargoes, distinction between action in rem against owner and Demise charterer, construction of caveat against arrest
The
Owners of the Cargo Lately Laden on Board the Ship
or Vessel 'Almerinda' v The Owners and/or Demise Charterers
of the Ship or Vessel 'Almerinda' [2001] HKCFA 53 leave to appeal denied
The Tai Yang He [2001] HKCFI 742 identity of Ship
The
Tai Yang He [2001] HKCFI 1338 application for default judgment and payment out of
sums now in court
Trane
Co and Others v Hanjin Shipping Co Ltd and Others [2001]
HKCFI 827 limitation of liability for damaged cargo, construction
of bill of lading, whether US COGSA incorporated
Trang
Seafood Products Co Ltd and Another v Sea-Land Service
Inc [2001] HKCFI 477 damage to cargo, procedure
2000
Bayer Polymers Co Ltd v The Industrial and Commercial Bank of China, Hong Kong Branch [2000] HKCFI 398 application for final judgment
Bayer Polymers Co Ltd v The Industrial and Commercial Bank of China, Hong Kong Branch [2000] HKCFI 1493 delivery of bills of lading
Consolidated Projects Ltd v The Owners of the Tug 'De Ping' [2000] HKCFI 27 towage contract, tug engine trouble, salvage contract, application for inspection order
Consolidated Projects Ltd v The Owners of the Tug 'De Ping' [2000] HKCFI 111 costs
Corporation
Nacional del Cobre de Chile and Others v The Owners
and/or Demise Charterers of the Barge or Vessel 'Tung
Shing No. 8' [2000] HKCFI 1146 application for sale of Vessel under arrest
Dongwha Leasing Co v The Owners and/or Demise Charterers of the Ship 'Halla Liberty' [2000] HKCFI 1539 application to stay action in rem in favour of ongoing arbitration in Korea
Kerry
Foodstuffs Co Ltd v Phulsawat Naval Co Ltd and Others
[2000] HKCFI 1075 conversion, breach of charterparty, negligence
King Shing Enterprises Ltd v Shuttle Cargo International (HK) Ltd and Others [2000] HKCFI 254 exclusive jurisdiction clause
Naftomar Shipping and Trading Co Ltd Inc v Guandong Development Bank [2000] HKCFI 340 jurisdiction, forum non conveniens
Pacific Bridge Services Ltd v Wide Tech Shipping Ltd [2000] HKCFI 1304 applications to transfer to other courts
Pramod Victor Simon and Others v The Owners and/or Demise Charterers of the Ship or Vessel 'Hero II' (Panamanian Flag) [2000] HKCFI 676 application for release of Vessel, caveat against release
The Almerinda [2000] HKCFI 1325 seawater damage to cargo, procedure
The Almerinda [2000] HKCFI 1525 costs
The
Fook Hing [2000] HKCFI 815 application for sale of small craft under arrest
The Magway [2000] HKCFI 576 collision
The Magway [2000] HKCFI 584 costs, collision
The Owners of a Cargo Lately Laden on Board the Ship or Vessel 'Asia Star' v The Owners and/or Demise Charterers of the Ship or Vessel 'Asia Star'
[2000] HKCFI 774 Ship under arrest but not cargo, direction by court
that cargo owner take delivery of cargo
The
Owners of Cargo Lately Laden on Board the Ship or Vessel
'Brij' v The Owners and/or Demise Charterers of the
Ship or Vessel 'Brij' [2000]
HKCFI 894 misdelivery of goods, goods given to customs which released
goods without production of original bill of lading,
parties to bills of lading, straight bills
The Sparti [2000] HKCFI 944 crew wages rank higher in priority than mortgagee, whether
an assignee by contract of assignment can have the same
priority as crew against mortgagee
The Tian Sheng No. 8 (Owner of the Ship) v Owners of Cargo [2000] HKCFA 64; [2000] 507 HKCU 1 extension of time to set aside warrant of arrest and return bail bond, Rules of the High Court
Tian Sheng No. 8 [2000] HKCA 44 in rem jurisdiction, right of appeal
Trafigura
Beheer BV Amsterdam v China Navigation Co Ltd [2000]
HKCFI 1061 misdelivery and consequent confiscation of goods, who
bears the loss
Bayer Polymers Co Ltd v The Industrial and Commercial Bank of China, Hong Kong Branch [1999] HKCFI 1304 forum non conveniens
Brody Ltd and Another v Chu Kong Shipping Enterprises (Holdings) Co Ltd and Another [1999] HKCFI 182 application for strike-out of defence, misdelivery of goods on presentation of other than the proper bill of lading
China Ocean Shipping Co Owners of the MV Fu Ning Hai v Whistler International Ltd Charterers of the MV Fu Ning Hai [1999] HKCFI 425 security for costs, supplying details of place of incorporation registration and address
China Ocean Shipping Co Owners of the MV Fu Ning Hai v Whistler International Ltd Charterers of the MV Fu Ning Hai [1999] HKCFI 546 security for costs, supplying details of place of incorporation registration and address, service out of jurisdiction
SK Global Asia-Pacific Pte Ltd and Another v The Owners and/or Demise Charterers of the Ship 'Al Dhhabiyyah' and Other - [1999] HKCFI 674 plaintiff's application for temporary stay of proceedings the plaintiff initiated himself pending proceedings in Singapore
The Halla Liberty (South Korean flag) [1999] HKCFI 1152 jurisdiction, whether necessary to have separate writs
for separate Ships, beneficial OwnerShip, choice of law
The J Faster [1999] HKCFI 1114 charterer's agents ordered cargo handling services from
plaintiff, liability of Ship Owners, material non-disclosure
in obtaining order for warrant of arrest
The J Faster [1999] HKCFI 1251 costs
The Kuzma Gnidash [1999] HKCFI 1402 costs
The
Owners of and/or other persons entitled to sue in respect
of the Cargo Lately Laden on Board the Ship or Vessel
'Ji Hua' v The Owners and/or Demise Charterers of the
Ship or Vessel 'Ji Hua' [1999] HKCFI 1526 wrongful co-mingling of cargoes, defences, damages
The Owners of Cargo Lately Laden on Board the Ship or Vessel 'Tian Sheng No. 8' v The Owners and/or Demise Charterers of the Ship or Vessel 'Tian Sheng No. 8' now Named 'Resource 1' and the Owners of the Ship or Vessel 'Tian Sheng No. 1' [1999]
HKCFI 1513 out of time to set aside proceedings Rules of the High
Court, in rem jurisdiction, OwnerShip of Vessel
The Owners or Pilot Boat 'Harbour 23' v the Owners and/or Demise Charterers of the Ship 'Peng Yun 211' [1999] HKCFI 1518 application to add bareboat Charterers as plaintiff
and dispense with service of amended writ on the boat,
collision
The Tian Sheng No. 8 [1999] HKCA 571 in rem jurisdiction, Rules of the High Court
Win's Marine Trading Co v Wan Hai Lines (HK) Ltd [1999] HKCFI 415 procedure, application to join defendant, goods wrongfully
released on production of forged release documents, time-bar
in bill of lading
1998
Artbrand Ltd and Another v Interoceans Lines Ltd and Another [1998] HKCFI 744 application to set aside judgment in default of defence, agency, perils of the sea
Bewise Motors Co Ltd v Hoi Kong Container Services Ltd [1998] HKCFA 36 (5 November 1998) Loss of goods, exclusion clause, limitation of liability, Himalaya clause, bailment
E & W
Shipping Agencies Ltd t/a Wing Lee Shipping Co v The Owners and/or Demise Charterers of the Ships or Vessels 'Chen Da 513' 'Chen Da 518' and 'Xing Ye 9' [1998] HKCFI 974 Rules of the Supreme Court,
service of a 'sealed copy' of
the writ rather than the 'original writ' is acceptable
Focal
Finance Ltd v The Owners and/or Demise Charterers of
the Ship or Vessel 'Dragon Sunrise' -
[1998] HKCFI 1022 whether services were salvage or towage, priority of
salvage and mortgagee
Hanjin
Shipping Co Ltd v Grand King Shipping Ltd [1998] HKCFI
210 Mareva injunction and ancillary orders, application
for dead freight, demurrage and damages for detention
under charterparty, identity of charterer disputed
Hanjin Shipping Co Ltd v Grand King Shipping Ltd [1998] HKCFI 762 stay of proceedings, application for dead freight, demurrage and damages for detention under charterparty, identity of charterer disputed
Kerry Foodstuffs Co Ltd v Phulsawat Navy Co Ltd and Others [1998] HKCFI 607 Shipment of goods, conversion, delay in proceedings
Leviathan Shipping Co Ltd v Sky Sailing Overseas Co Ltd [1998] HKCFI 542 Vessel arrested twice for breach of sub-voyage charter and payment of port charges, application to set aside order to provide security for release of Vessel and Mareva injunction, material non-disclosure and arbitration clause in charterparty
Man
on Knitting Factory v Bayswater Marine Ltd [1998]
HKCA 336 damaged cargo, leave to serve out of jurisdiction
Profit Country Enterprises Ltd v Sea-Land Service Inc and Another [1998] HKCFI 721 limitation decree in Guangzhou Maritime Court, stay of proceedings
The Halla Liberty (South Korean flag) [1998] HKCFI 499 application to stay action in rem in favour of ongoing arbitration in Korea
The Halla Liberty [1998] HKCFI 935 leave to appeal on costs
The
Owners and/or those entitled to sue in respect of a
Cargo Lately Laden on Board the Ship or Vessel 'Sargodha'
v The Owners of the Ship or Vessel 'Sargodha' and other
Ships or Vessels Listed in Schedule A Annexed Hereto
and Another [1998] HKCFI 977 exclusive jurisdiction clause, forum non conveniens
The Owners of the Ship ‘Kapitan Shvetsov’ v The Owners and/or Demised Charterers of the Ship ‘Nanta Bhum’ [1996] HKCFI 782 Collision, action in rem, forum non conveniens – actions in Singapore and Hong Kong, limitation of liability, Convention on Limitation of Liability for Maritime Claims 1976
The
Owners of the Ship or Vessel 'Zhong Hang Yau No. 1'
and Another v The Owners and/or Demise Charterers of
the Ship or Vessel 'Dragon No. 1' [1998] HKCFI 1014 jurisdiction to grant warrant of arrest where no writ
in rem issued, whether court should use discretion to
grant second warrant if first warrant set aside
The Tat Yau 8 [1998] HKCFI 423 containers stolen from barge, actions in rem and in personam, bail bonds, material non-disclosure
The Tat Yau No. 8 [1998] HKCFI 487 costs
Trafalgar
House Construction (Asia) Ltd and Another v The Owners
and/or Demise Charterers of MV 'Thorscan' (Netherlands
Antilles Flag) [1998] HKCA 439 exclusive law and jurisdiction clause
Thong Soon Maritime Pte Ltd v Jutha Maritime PLC [1998] HKCFI 669 decree limiting liability, Rules of the High Court
Trang
Seafood Products Co Ltd and Another v Sea-Land Services
Inc [1998] HKCFI 970 jurisdiction, forum non conveniens
1997
Aker
Invest AS v The Owners of the Ship 'Saga Sea'
[1997] HKCFI 796 request by plaintiff to sell Vessel by public auction
denied, sale by public tender
Astrofiel
Armadora SA v The Owners of the Ship 'Chong Bong'
[1997] HKCFI 764 whether admiralty jurisdiction in rem can be invoked
to enforce arbitration award, person liable in personam
under award not charterer of Vessel, extension of admiralty
writ in rem
Astrofiel
Armadora SA v The Owners of the Ship or Vessel 'Baek
Ma Kang' (DPRK flag) and Others[1997]
HKCA 19 order for renewal of writ
Belgian
Overseas Chartering and Shipping NV and Another v Sunkonao
Co Ltd [1997] HKCFI
521 parties to contract of carriage
Charalambos
Petsakos and Others v The Owner and/or Demise Charterers
of the Ship or Vessel 'Gagich' also known as 'Helsinki'
and Another [1997]
HKCFI 700 payment of crew wages
China
Ocean Shipping Co and Another v Paradragon Ltd and
Another [1997] HKCFI 239 fire on Ship, claim by Ship Owners against Shippers
of the container, claim by cargo Owners against Ship
Owners and Shippers
Computronics
International v Piff Shipping Ltd [1997] HKCA 82 inordinate delay, limitation period
Daewoo Hong Kong Ltd v Mana Maritime Inc and Others [1997] HKCFI 545 authority to issue 'switch' bills of lading, whether rights under bill of lading transferred from Shipper to holder under Bills of Lading and Analogous Shipping Documents Ordinance, forum non conveniens
Dalmor
Shipping Co Ltd v Kan's Maritime Corporation [1997]
HKCFI 853 admiralty jurisdiction to arrest Ship not affected by
stay of proceedings for arbitration
Kawanishi
Shippign Service (HK) Ltd v Metro Consolidators Ltd
and Others [1997] HKCFI 834 preliminary issues
Lam
Po Yuk and Another v Mercury Shipping Co Ltd (in liquidation)
[1997] HKCFI 824 fatal accidents compensation, industrial accident on
Ship
Shanghai Shipyard, Pixu Branch v The Owners and/or Demise Charterers of the Ship or Vessel 'Dragon Supreme' [1997] HKCFI 583 issue of warrant for arrest is a discretionary remedy, statutory requirements must be fulfilled
The
Owners and/or Those Entitled to Sue in Respect of a
Cargo Lately Laden on Board the Ship or Vessel 'Goodeast
' v The Owners and/or Demise Charterers of the Ship
or Vessel 'Goodeast' [1997] HKCFI 803 order for inspection of Vessel, unseaworthiness, bill
of lading issue
The
Owners and/or Those Entitled to Sue in Respect of a
Cargo or Vessel 'Goodeast' v The Owners and/or Demise
Charterers of the Ship or Vessel 'Goodeast'
[1997] HKCFI 806 order for inspection of Vessel, full evidence and information
The
Owners of Cargo Lately Laden on Boeard the Ship or
Vessel 'Murter' v The Owners and/or Demise Charterers
of the Ship or Vessel 'Murter' H [1997] HKCFI 829 procedure, misdelivery of goods, goods given to customs
which released goods without production of original bill
of lading
The
Owners of the Ship 'Kapitan Shvetsov' v The Owners
and/or Demise Charterers of the Ship 'Nanta Bhum' [1997]
HKCA 106 leave to appeal to Privy Council
The
Owners of the Ship 'Kapitan Shvetsov v the Owners and/or
Demise Charterers of the Ship 'Nanta Bhum' [1997]
HKCA 592 jurisdiction, the natural forum
1996
Kanematsu (Hong Kong) Limited v Multi-Link Limited [1996] HKCFI 80 failure to deliver cargo to holder of bill of lading, no consent to deliver to eventual purchaser of cargo
Liu
Ah Sai v Yiu Lian Dockyards Ltd [1996] HKCA 491 workers' compensation
The Owners of the Ship 'Kafur Mamedov' v The Owners and/or Demise Charterers of the Ship 'Goldpath' [1996] HKCA 592 'action' in s 8 of the Maritime Conventions Act 1911 includes counterclaims, limitation period
The
Owners of the Ship 'Kafur Mamedov' v The Owners and/or
Demise Charterers of the Ship 'Goldpath'
[1996] HKCFI 660 extension of time s 8 of the Maritime Conventions Act
1911
The Owners of the Ship ‘Kapitan Shvetsov’ v The Owners and/or Demised Charterers of the Ship ‘Nanta Bhum’ [1996] HKCFI 782 (17 October 1996) Collision, action in rem, forum non conveniens – actions in Singapore and Hong Kong, limitation of liability, Convention on Limitation of Liability for Maritime Claims 1976
1995
Banque
Worms v The Maule (the Owners of) [1995] HKCA 69 mortgage of Ship, admiralty action in rem, right of
sale on default
Banque
Worms v The Owners of the Ship or Vessel 'Maule' (Cyprus
flag) (formerly known as 'Amer Deep') [1995]
HKCA 301 when damages are available for wrongful arrest of a
Ship
China
Ocean Shipping Co v Mitrans Shipping Co Ltd [1995]
HKCA 300 rights and obligations under charterparties, lifting
the corporate veil
Hecny Shipping Limited v Wily Products Company Limited [1995] HKCA 291 (6 July 1995) Cargo lost by carrier, assessment of damages, limitation of liability, Hague-Visby Rules Article 4(5)(c)
Jiangxi Provincial Metal and Minerals Import and Export Corporation v Sunlanser Co Ltd [1995] HKCFI 126 enforcement of arbitration
Kara Mara Shipping Company Ltd v World Tanker Carriers Corporation and Another [1995] HKCFI 318 collision, forum non conveniens, anti-suit injunction
Shkotovo (Owners of Cargo) v Shkotovo (Owners) [1995] HKCFI 373 cargo damaged and short delivered due to contamination, assessment of damages, mitigation of damage
The
Nedlloyd Colombo (Owners of Cargo) v South African
Marine Corporation Ltd [1995] HKCA 375 leave to appeal to Her Majesty in Council
The
Owners of the Ship or Vessel 'Lady Muriel' v Transorient
Shipping Ltd [1995] HKCA 123 stay of order to allow
Charterers to inspect Vessel, arbitration outside Hong
Kong, whether order was 'an
interim measure of protection'
1994
Cosmo
Sea Freight (HK) Ltd v Gold King Consolidator Ltd
[1994] HKCFI 9 costs, damaged freight
Dongnama Shipping Co Limited v Owners of the Ship or Vessel 'Alacrity' [1994] HKCFI 214 application for release of Vessel
Korea Sonbak Shipping Company v Charter harvest Shipping Limited [1994] HKCFI 4 failure to file defence in time, claim for demurrage and breach of implied term in charterparty
Oceanlink
Ltd v The Rung Ra Do (Owners of the Ship) [1994]
HKCFI 215 jurisdiction, beneficial OwnerShip, North Korean law
Taitexma
Enterprise Corporation v Tillemont Shipping Corporation
SA and Another [1994] HKCA
378 no good arguable case of failure to make Vessel seaworthy
or taking all reasonable steps to preserve cargo
The Owners of Cargo lately Laden on Board the 'C.R. Pointe Noire' v The Owners of the Ship 'C.R. Pointe Noire' and Another [1994] HKCFI 145 delay, whether insurance company a party to proceedings
The
Owners of Cargo lately laden on board the Ship or Vessel
'Kyriakos M' v. The Owners and/or Demise Charterers
of the Ship or Vessel 'Kyriakos M' [1994] HKCFI
356 application for variation of order, discrepancies between
bill of lading and mate's receipts, application for security,
application to reduce amount of security, application
to lift caveat preventing release from arrest
The Owners of the Ship or Vessel 'Ming Ho' v The Owners and/or Demise Charterers of the Ship or Vessel 'New Hailong' [1994] HKCFI 362 collision, forum non conveniens
The World Wood (Owners of Cargo) v The World Wood (Owners of the Ship) [1994] HKCFI 237 forum non conveniens
Tillemont
Shipping Corporation SA v Reward Wool Industry Corporation
and Others [1994] HKCA
380 Mareva injunction, whether good arguable case of failing
to make Vessel seaworthy or taking all reasonable steps
to preserve cargo under Hague Rules
Toiko
Marine & Fire Insurance Co Ltd v Ace Protrans Forwarding
Ltd [1994] HKCFI 50 assignee of carrier suing agent of carrier (freight
forwarder) in relation to cargo, authority to issue bills
of lading
Victory
Star Shipping Company SA v The Owners and all those
interested in the Ship 'Amigo' and World Happy Shipping
Limited [1994] HKCFI 43 direction for assessment of damages as a result of wrongful
arrest
XCHRX The World Wood (Owners of Cargo) v The World Wood (Owners of the Ship) [1994] HKCFI 238 (9 September 1994) Action in rem, damage to cargo, salvage, application to stay in favour of Singapore proceedings, forum non conveniens, limitation of liability
1993
Chan
Lai Ying v Li Fo Mui and Another [1993] HKCFI 41 collision, damages for negligent navigation
China
Light & Power Co Ltd v Leung For-Wa and Others [1993]
HKCFI 89 barge towed by tug, damage to submarine cable
Safond Shipping SDN BH v East Asia Sawmill Corp [1993] HKCFI 149 costs on indemnity basis, breach of contractual obligation to arbitrate
Taitexma
Enterprise Corporation v Tillemont Shipping Corporation
SA and Another [1993] HKCA 182 service out of jurisdiction
The
Owners of Cargo Lately Laden on Board the Ship or Vessel
'Mahkutai' and Another v The Owners and/or Demise Charterers
of the Ship of Vessel 'Mahkutai' (Indonesian flag)
[1993] HKCA 160 exclusive jurisdiction
The
Planeta (Owners of Cargo) v The Planeta (Owners of
the Ship) [1993] HKCFI 10 forum non conveniens
William
Co. v Chu Kong Agency Co. Ltd. and Another [1993]
HKCFI 22 agreement to arbitrate in bill of lading, exclusive
jurisdiction clause, forum non conveniens
1992
Cheung
Moon Chee v The Commissioner of Paloce and Another
[1992] HKCFI 23 collision involving police launch, Crown Proceedings
Ordinance, no liability on Crown in respect of any Ship,
dock or harbour owned by the Crown
Compania
Chilean de Navegacion Interoceanica SAA v The Owners
and/or Demise Charterrs of the Ship or Vessel 'Seaspac
1' [1992] HKCA 305 appeal from order to release to the defendants security
given to release Vessel from arrest
Green
Island Cement Co Ltd v The Owners of the Ship or Vessel
'Sunshine Island' and Another [1992] HKCFI 125 damages, Ship collided with pier
Hissan
Trading Co Ltd v Orkin Shipping Corporation (a Body
Corporate) [1992] HKCFI 183 cargo claim where Vessel has sunk, exclusive jurisdiction
clause, forum non conveniens, Mareva injunction
Hong
Kong United Dockyards Ltd v The Demise Charterers of
the Ship or Vessel MV 'Sea Empire' formerly MV 'Trident
Endeavour' (Barain flag) [1992] HKCFI 60 whether Charterers were still Demise Charterers at time
of issue of writs, termination of Demise charterparty,
assertion of right to withdraw Vessel
Ming
Kee Shipping Service Co Ltd v Autogain Ltd and Another
[1992] HKCFI 103 order to make two arbitrations be heard at the same
time
The 'Inchon Glory' [1992] HKCFI 130 collision, inspection of Vessel and cargo and documents, indemnity for salvage claim
The
Owners of Cargo lately Laden on Board the Ship 'Dong
Do' v The Owners and/or Demise Charterers of the Ships
'Dong Do'. 'Ba Dinh' and 'Hanoi 1' [1992]
HKCA 19 construction of bills of lading
The
Owners of Cargo lately Laden on Board the Ship 'Dong
Do' v The Owners and/or Demise Charterers of the Ships
'Dong Do'. 'Ba Dinh' and 'Hanoi 1' - [1992] HKCA 241 construction of bills of lading
The
Owners of Cargo Lately Laden on Board the Ship 'Nedlloyd
Nassau' v The Owners of the Ship 'Nedlloyd Nassau'
and The Owners of the Ships Listed in the Schedule
to the Statement of Claim
[1992] HKCA 16 indemnity and costs, goods delivered without production
of bills of lading
The
Owners of Cargo Lately Laden on Board the Ship or Vessel
'K.H. Enterprise' v The Owners of the Ship or Vessel
' Pioneer Container'[1992] HKCA 90 whether cargo Owners not party to bills of lading bound
by exclusive jurisdiction clause
The
Owners of Cargo lately Laden on Board the Ship or Vessel
' Trust' v The Owners and/or Demise Charterers of the
Ship or Vessel 'Trust' [1992]
HKCA 104 warrant of arrest
The 'President Polk' [1992] HKCFI 108 forum non conveniens
The
'Riau' [1992] HKCFI 269 procedure, application to amend to add claims of deceit
or negligent misrepresentation to ordinary cargo claim
for breach of duty or contract, discrepancy between quantity
of timber loaded and quantity stated in bill of lading
Wong
Hing Faat v The Hong Kong and Yaumati Ferry Co Ltd
[1992] HKCFI 123 appeal from leave to re-amend defence, accident on ferry,
limitation of liability, Merchant Shipping Act 1894
1991
Eduardo
M. Solomon and Others v The Owners of the Ship or Vessel
'Pointer Apitong' (Panamanian flag) and Another [1991]
HKCFI 129 maritime lien, seaman's wages
Fung
Sang Trading Ltd v Kai Sun Sea Products and Food Co
Ltd [1991] HKCFI 93 arbitration agreement, delivery is a significant part
of a sale of goods contract
Lam
Yau Tai v Denholm Ship Management Ltd and Others [1991]
HKCFI 101 compensation to seaman, appeal against leave to serve
writ outside jurisdiction, whether contract of employment
The
Owners of Cargo lately Laden on Board the Ship 'Dong
Do' v The Owners and/or Demise Charterers of the Ships
'Dong Ho' and others [1991]
HKCFI 52 construction of bills of lading
The
Owners of Cargo lately Laden on Board the Ship or Vessel
'Lanka Muditha' v The Owners of the Ship or Vessel
'Lanka Athula' [1991] HKCA 195 jurisdiction, no natural forum
Victory
Star Shipping Co SA v the Owners and all those interested
in the Ship 'Amigo' and Another [1991] HKCFI 127 procedure, OwnerShip of Vessel, application to set aside
warrant for arrest
Yee
Sang Metal and Buildign Supplies Co Ltd v Taiyo Maritime
SA [1991] HKCA 135 misnamed carrier in bill of lading
1990
Den
Norske Bank AS v Asset Century Ltd t/a 'Dairy on Co'
and Another [1990] HKCA 266 appeal from order for sale of Ship under arrest
Freight
Systems Ltd v Korea Shipping Corporation 'Korea Wonis-Sun'
[1990] HKCFI 327 claim for damages and indemnity, damaged cargo, title
to sue on bills of lading
'Frinton'
[1990] HKCA 224 exclusive law and jurisdiction clause
Hong
Kong Macao Hydrofoil Co Ltd v NG Chun Wai and Others
[1990] HKCA 141 no jurisdiction to hear appeal from reference to the
Registrar under the Rules of Court dealing with Admiralty
proceedings
The
Owners of Cargo lately Laden on Board the Ship or Vessel
'Frinton' v The Owners and/or Demise Charterers of
the Ship or Vessel 'Frinton' [1990] HKCA 294 exclusive law and jurisdiction clause
Yiu
Hon Ming v Coastal Shipping Co Pty Ltd [1990] HKCA
156 workers' compensation, marine engineer fell from mast
of Ship due to electric shock
1989
Hanwa
Co (HK) Ltd v Everbright Shipping Co Ltd and Others
[1989] HKCA 294 good arguable case in tort for the sinking of the Vessel
made out
Horst Karcher t/a Karcher Industrial Products v Piff Shipping Ltd and Another [1989] HKCFI 475 (22 November 1989) Damage to cargo, exemption clause, limitation of liability, Hague-Visby Rules Articles III.8 & VII, third party notice
S
and M CO S.A. v Glenmore Shipping Incorporated and
Another [1989] HKCA 318 application for discharge of injunction to request the
classification authority to extend Vessel's certificates
in order to finish time charter
Yuasa
Trading Co (HK) Ltd and Another v Selina Shipping SA
[1989] HKCFI 377 jurisdiction, whether defendant carried on business
in Hong Kong, stay pending arbitration
1988
Hanwa
Co (HK) Ltd v Everbright Shipping Co Ltd and Others
[1988] HKCFI 126 indemnity costs
Harlifax
Ltd (formerly known as Vinor Shipping Co Ltd ) v Transatlantic
Schiffahrtskontor GMBH [1988] HKCFI 501 21 arbitration proceedings relating to 21 charterparties,
application for consolidation order
Kingstar
Shipping Ltd v The Owners of the Ship 'Rolita' (panamanian
flag) and Another [1988] HKCA 48 jurisdiction in rem
Mobil
Oil Hong Kong Ltd and Another v Hong Kong United Dockyards
Ltd [1988] HKCA 45 ferry broke loose from typhoon mooring in a typhoon
and collided with plaintiff's installations, liability
Re
the Andhika Samyra [1988] HKCFI
244 application for stay, choice of law clause in bill
of lading, Hague-Visby Rules - clause relieving carrier
or Ship of liability null and void, incorporated into
Hong Kong contracts but not Indonesian contracts
The
Owners of Cargo Lately Laden on Board the Vessel 'K.H.
Enterprise' v the Owners of the Ship or Vessel 'Pioneer
Container'
[1988] HKCFI 250 jurisdiction under Supreme Court Act, whether action
in rem in respect of same claim, whether vexatious
The
Owners of Cargo Lately Laden on Board the Ship or Vessel
'Oceania Queen' v the Owners of the Ship or Vessel
'Oceania Queen' [1988] HKCFI 155 forum non conveniens
Tsang
Kee Chuen v The Hong Kong and Yaumati Ferry Company
Limited [1988] HKCFI 372 damages for accident on ferry due to negligence of employees
1987
Mobil
Oil Hong Kong Limited and Another v HongKong United
Dockyards Limited[1987] HKCFI
191 ferry broke loose from typhoon mooring in a typhoon
and collided with plaintiff's installations, liability
Peter
Joseph Wyatt and Another v the Marine Court [1987]
HKCFI 73 judicial review of Marine Court, bare declaration
Vincor
Shipping Co Ltd v Transatlantic Schiffahrtskontor GMBH
[1987] HKCFI 6 arbitration clause requiring 'commercial
Shipping man'
1986
China
Ocean Shipping Company, the Owners of the Ship or Vessel
'Xingcheng' v the Owners of the Ship or Vessel 'Andros'
[1986] HKCA 193 bills of lading not incorporating Hague-Visby Rules,
time-bar, laches
Hong
Kong Shanghai (Shipping) Co Ltd v The Owners of the
Ship or Vessel 'Cavalry' (Panamanian flag) and Another
[1986] HKCFI 100 actions in rem, legality of loan agreement
Hua
Chiao Commercial Bank Ltd v The Proceeds of Sale of
the Vessel ' Fortune Founder' formerly registered
at the Port of Panama [1986] HKCFI 269 action in rem against proceeds of sale of motor Vessel
Ryoden
Machinery Company Limited v the Owners of the Ship
or Vessel 'Anders Maersk'
[1986] HKCFI 188 whether Shipment includes tranShipment, Hague-Visby
Rules
Sun
Hua Enterprise Company Limited v The Owners of the
Motor Ship 'Harima'
[1986] HKCFI 274 application to set aside warrant of arrest and release
Vessel, degree of disclosure by plaintiff necessary when
applying for warrant
Transatlantic
Schiffahrtskontor GMBH v Vincor Shipping Co Ltd [1986]
HKCFI 181 voyage charterparty, despatch set-off against freight
1985
Aleena
Shipping Inc v the Owners of and Other Perons Interested
in the Ship 'Athenian Zoe'
[1985] HKCFI 391 application to set aside arrest, whether claim open
on documents, ancillary orders to help maintain arrest
Aleena
Shipping Inc v The Owners of and other Persons Interested
in the Ship 'Athenian Zoe'
[1985] HKCFI 528 application to sell Ship pendente lite
Bakri
Bunker Trading Company Limited v The Owners of ahd
Other persons Interested in the Ship 'Nepture' -
[1985] HKCFI 467 application to set aside summons and warrant of arrest,
lifting corporate veil, sister Ship
Hongkong
Macao Hydrofoil Co Ltd v NG Chun Wai and Others
[1985] HKCA 97 whether Merchant Shipping Act 1979 UK applied to Hong
Kong, affects limitation of liability in relation to
collision
Innsbruck
Inc v The Owners of the Ship or Vessel 'CC Orient'
[1985] HKCFI 279 plaintiffs exercised right as mortgagee taking possession
of Vessel during voyage and telling cargo interests to
discharge all cargo, leave for cargo owner to intervene
refused, cargo owner must bear cost of discharge and
tranShipment of cargo after arrest, no distinction between
termination of voyage and arrest by a mortgagee in possession
P.T.
Wigo and Another v The Owners of the Ship or Vessel
'Rose Mary' (ex 'Eisho') (Panamanian flag)
[1985] HKCFI 134 who is liable under bill of lading, parting with possession
and control of Ship
Solvang
Shipping Co v The Owners of the Ship or Vessel 'Vynthia
G' (Panamanian flag) renamed 'Ocean Star 1'
[1985] HKCFI 257 application to set aside warrant of arrest or bail bond
on grounds of non-disclosure, sister Ship action, beneficial
OwnerShip
The
Owners of Cargo Lately Laden on Board the Ship or Vessel
'Adhiguna Meranti' v The Owners of the Ships or Vessels
'Adhiguna Harapan' and Others [1985] HKCFI 212 jurisdiction, natural and convenient forum, choice of
law in tort, discretion in granting a stay
Uni-Ocean
Lines Private Ltd v Jaguar Shipping Corporation Ltd
[1985] HKCFI 236 application for stay in favour of arbitration, non-domestic
arbitration clause in charterparty, only admissions of
liability made within limitation period have effect of
avoiding time-bar, whether waiver or estoppel
1984
Fukuyo
Industries Corporation and Others v The Owners of the
Ship or Vessel 'Greisheim' (West German flag) now renamed
'Vivacity' (Panamanian flag) [1984] HKCA 47 exclusive jurisdiction clause
Inter
Maritime Agency Co Ltd v The Owners of the Ship or
Vessel 'Teparak' (Thai flag) [1984] HKCFI 326 sale of Vessel pendente lite
Leung
Kam Ho and Others v The Owners of the Ship or Vessel
'Eirama' (Hong Kong flag) [1984] HKCFI 305 fatal accident compensation, death of sailor, limitation
period
The
Owners of Cargo lately Laden on Board the Ship 'Bayville'
v Mercury Shipping Co Ltd [1984] HKCFI 25 application to set aside
judgment in default of compliance with order to file
documents, meaning of the word 'errors' in
the charterparty
The
Owners of the Ship or Vessel MV 'Hui Cheng' v The Owners
of Cargo Lately Laden Aboard MV 'Hui Cheng' [1984]
HKCA 225 jurisdiction clause, parties to bill of lading
Winkenson
Impex Co Ltd v Haverton Shipping Ltd and Others [1984]
HKCFI 155 goods stolen while being transported from port to warehouse,
whether carrier liable for loss, plaintiff's burden of
proving OwnerShip of goods and that the goods described
in invoices were in fact Shipped, exemption from liability
clause on bill of lading not available because fundamental
breach of contract in not delivering goods to holder
of bill of lading
Yuen
Wai Ling v Ocean Shipping and Enterprises Ltd [1984]
HKCA 241 whether the mosquito bite which led to the death of
a Ship's mess boy from Malaria was in the course of employment
1983
English
Sewing Ltd and Others v Eastern Shipping Lines Inc
[1983] HKCFI 240 whether good service within
jurisdiction, agents' authority to enter contract,
leave to serve out of jurisdiction, 'good
arguable case', forum
Fukuyo
Industries Corporation, Okura and Co GMBH, Feinstahl
AG, Schweiz Lokonotivund Maschinenfabrik, Huettenprodukte
AG Metallwerke AG v the Owners of the Ship or Vessel
'Griesheim' (West German flag) and Others [1983] HKCA
281 extension of time, solicitor's error
Kenvee
(Nigeria) Ltd v Promrt Shipping Corporation and Another
[1983] HKCFI 38 construction of bill of
lading, time-bar, whether claimant can be joined after
limitation period, meaning of 'suit
is brought', discretion
Marvel
Trading Co and Another v Gold Star Line Ltd and Another
[1983] HKCFI 291 procedure, renewal of writ, misdelivery of goods to
third party without production of bills of lading
Societe
Anonyme des Petroles Mory v The Owners of the Ship
or Vessel ' Union Darwin' (Panamanian Flag) [1983]
HKCFI 78 admiralty jurisdiction of High Court, whether beneficial
OwnerShip by Demise charterer
The
Owners of Cargo lately Laden on Board MV 'Hui Cheng'
v The Owners of the Ship or Vessel MV 'Hui Cheng' (Chinese
flag) [1983] HKCFI 263 exclusive jurisdiction clause, switched bill of lading
The
Owners of Cargo lately Laden on Board the Ship Artemis
v Artemis Transporation Corporation [1983] HKCA 11 whether service within jurisdiction, parties to bill
of lading
The
Owners of the Ship 'Da Qing 236' v The Owners of the
Ships or Vessels 'Gunung Klabat' and others [1983]
HKCFI 242 order for inspection, Rules
of the Supreme Court O 75 r 28 'in connection with
any issue in the action'
1982
Artemis
Transporation Corporation v The Owners of Cargo Lately
Laden on Board the Ship 'Artemis'
[1982] HKCA 203 practice and procedure, 'pleading',
summons within time
Ciel
Y Cia SA v The Owners of the Vessel 'Sextum' ex 'Ercole
Lauro' [1982] HKCFI 77 power to arrest sister
Ship under Administration of Justice Act, whether Ship
owned by defendants is sister Ship of two Ships time-chartered
to the defendants by the plaintiffs, 'charterer' not
restricted to Demise charterer
Confecciones
Del Atlantico v Lamont Shipping Inc and Others [1982]
HKCFI 92 jurisdiction clause in bill of lading, stay of proceedings
to avoid multiplicity of proceedings
Guihing
Agricultural and Development Corporation and Others
v The Owners of the Ship 'Palawan' [1982] HKCFI 119 forum non conveniens, forum shopping
Owners
of Cargo Lately Laden on Board the Ship 'Riau' v the
Owners of 'Djatianom' and Others [1982]
HKCFI 116 admiralty jurisdiction
of High Court, whether 'charterer' means
Demise charterer in Administration of Justice Act 1956,
Article 3 International Convention Relating to the Arrest
of Seagoing Ships
Palace
Hotel Ltd v The Owners of the Ship or Vessel 'Happy
Pioneer' (Panamanian flag) [1982] HKCFI 143 application for stay, deviation, fundamental breach
of contract, jurisdiction clause covers contract and
tort claims, proper law of contract
The
Owners of Cargo lately Laden on Board the Ship 'Artemis;
v Artemis Transporation Corporation [1982] HKCA 202 Vessel sank, breach of contract, summons remitted to
Admiralty Judge
The
Owners of Cargo Lately Laden on Board the Ship or Vessel
'Nedlloyd Schie' v The Owners of the Ship or Vessel
'Nedlloyd' Schie'[1982] HKCFI 140 jurisdiction clause
1981
Arcom
Shipping Management Ltd v The Owners of the Ship or
Vessel 'Turgut Guneri' (Turkish flag) [1981] HKCFI
107 whether compliance with paragraph 8 O 75 r 5 Rules of
the Supreme Court in summons, state grounds of belief
that defendant liable in personam, discretion to allow
warrant despite deficiency
Hong
Kong Island Shipping Co Ltd v Castle Insurance Co Ltd
and Others [1981] HKCA 32 period of limitation, general average
Re
Honh Kong Orient Shipping Co Ltd SA [1981] HKCFI 148 judicial review of coroner's decision, statements of
members of crew property of Marine Department, order
for disclosure a breach of trust
The
Owners of Cargo lately Laden on Board the Ship or Vessel
'Nedlloyd Seine' v The Owners of the Ship or Vessel
'Nedlloyd Seine' [1981] HKCFI 73 jurisdiction clause
The
Owners of the Ship or Vessel 'Nedlloyd Seine' v The
Owners of Cargo Lately Laden on Board the Ship or Vessel
'Nedlloyd Seine' [1981] HKCA
44 jurisdiction clause
The
Star Ferry Co Ltd v The Owners of the Ship or Vessel
'Argonaut' (Greek flag) and Another [1980] HKCFI 178 liability for cost of repairs to ferry pier damaged
by Vessel in typhoon, still Act of God even though crew
tried to save Vessel
Whampoa
Terminals Ltd v The Owners of the Ship 'Safina-E-Huffaj'
[1981] HKCFI 35 Vessel parted from moorings during typhoon and collided
with container terminal, inordinate delay in prosecution,
laches, dismissed for want of prosecution
1980
Hong
Kong Islands Shipping Co Ltd and Another v Castle Insurance
Co Ltd and Others
[1980] HKCFI 128 application for order to strike out joinder
1979
Dharamdas
and Co (Nigeria) Ltd and Another v The Owners of the
Ship or Vessel 'Mingren Development (Panamanian flag)
and Another [1979] HKCFI 17 whether cost of discharge of cargo due to arrest and
sale of Ship to be borne by cargo owner or Chief Bailiff
and so become a first charge on the proceeds of sale
Tse
Wong Hing v Hak Kan Navigation Co SA [1979] HKCFI 78 fatal accidents compensation, radio operator drowned
on Ship that sank
1978
Mobil
Sales and Supply Corporation v The Owners of the Ship
or Vessel 'Pacific Bear' (USA flag) [1978] HKCFI 55 admiralty jurisdiction
in rem in Administration of Justice Act, proceedings
against more than one Ship, meaning of words 'maritime lien',
right arising under foreign law, beneficial OwnerShip
1977
Antaios
Compania Naviera v The Owners of the Ship 'Ledesco
Uno ( Philippine flag) [1977] HKCFI 10 application for release
of Ship or stay, admiralty jurisdiction, power to arrest
sister Ship under Administration of Justice Act, whether
Ship owned by applicant is sister Ship of a Ship voyage
chartered to the applicant by the respondent, whether 'charterer' is
restricted to Demise charterer
Empresa
Navegacion 'Mambisa' v Taikoo Dockyard & Engineering
Co of Hong Kong Ltd [1977] HKCA 20 Ship repair agreement, arbitration clause
Ming
Ren Navigation Co Ltd SA v Seawise Navigation Panama
SA and Another [1977] HKCFI 24 construction of charterparty, freight earnings
1976
SC
DeckShips 3 Ltd v Chungwah Shipbuilding and Engineering
Co Ltd [1976] HKCFI 84 Shipbuilding contract, where arbitration to take place,
law governing arbitration
1975
The
Owner of the Ship 'Oriental Falcon' v the Owner of
the Ship 'Tai Sang ex 'Tyler' and Others[1975] HKCFI
8 two actions, whether vexatious and oppressive, cumulative
remedies
1974
Mitsui & Co ltd v Gold Star Line Ltd [1974] HKCA 151 Demise clause in bill of lading, Article III rule 8
Hague Rules
Mitsui
& Co Ltd v The Owners of the Ship 'Sun Flower' and
Another [1974] HKCFI 63 whether effect of Demise clause in bill of lading is
that defendants are only agents and incur no personal
liability, Article III rule 8 Hague Rules
Wallem Shipping Hong Kong) Ltd and Others v The Owners of the Ship 'Philippine Admiral' (Philippine Flag) [1974] HKCA 39 sovereign immunity from admiralty action, government Ship, public use of Ship
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